R. v. Brown (B.A.), (1996) 17 O.T.C. 137 (GD)

• Judge: Browne, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 10, 1996
• Jurisdiction: Ontario
• Citations: (1996), 17 O.T.C. 137 (GD)

R. v. Brown (B.A.) (1996), 17 O.T.C. 137 (GD)

MLB headnote and full text

Her Majesty the Queen v. Barbara Ann Brown

Indexed As: R. v. Brown (B.A.)

Ontario Court of Justice

General Division

London

Browne, J.

October 10, 1996.

Summary:

A summary conviction judge held that an affidavit of service respecting a "Notice of Intention to Produce a Certificate pursuant to section 258(7) of the Criminal Code" was deficient, resulting in the dismissal of the charge before the court. The Crown appealed.

The Ontario Court (General Division) allowed the appeal and ordered a new trial before a different judge.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Evidence and certificate evidence of results of analysis - See paragraphs 1 to 12.

Cases Noticed:

R. v. Taylor (1983), 5 C.C.C.(3d) 260 (Ont. C.A.), refd to. [para. 10].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 258(7) [para. 2].

Counsel:

B. Evans (Assistant Crown Attorney), for the Crown;

D. Reid, for the accused.

This appeal was heard by Browne, J., of the Ontario Court (General Division), who delivered the following oral decision on October 10, 1996.